License and Variance Board Meeting — Minutes
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February 25, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 3 of 6 Board Member Richard Garland made a motion to table item V26-015 to the March 11, 2026 License and Variance Board meeting; seconded by Board Member Andrea Worthy. The motion to table carried with the following vote: Aye: 3 – Chairperson Jones, Board Member Garland, Board Member Worthy Nay: 0 – None Recuse: 0 – None E. V26-011 Public Hearing - Variance Request - V26-011 - Allow second accessory structure - Land Lot 527 - 1272 Hayes Drive - Reaves Newson Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.47-acre lot on the southern side of Hayes Drive. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached residences. The property is currently occupied by a two-story single-family home and a roughly 200 square foot pergola in the rear of the property, both built in 2022. The applicant is proposing to construct a new 512 square foot in-ground swimming pool and spa with an accompanying 746 square foot deck to be situated directly behind the existing home, between the house and the pergola. Since the accessory structure ordinance allows one accessory structure or use per lot, a variance is required to have the second structure due to the existing pergola. Since the swimming pool and pergola offer different uses for the property, the variance is not self-created. Due to the size of the lot and the placement of the pool, no other variances for setback reductions or impervious surface area increase are required. Strict application of the ordinance would deny the applicant any ability to have any detached structure or use on the property due to the existing pergola. At the time of this report, Community Development has not received any opposition to the variance request. The applicant is requesting to deviate from the development standards established by the City for the maximum number of accessory structures. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. After a review of the standards above, Community Development believes that the variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the requested variance is conditioned upon substantial compliance with the site plan submitted with the variance application. Reaves Newson, applicant, understands and agrees to the condition read into record.